Ravikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 79315 of 2024 Arising Out of PS. Case No.-280 Year-2024 Thana- MAHARAJGANJ District- Siwan ====================================================== Ravikant Kumar Son of Rajendra Pandit Resident of Village- Jigrahwah, P.S. - Maharajganj, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Kumari Anupam, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-01-2025

1. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Maharajganj P.S. Case No. 280 of 2024 registered for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 27.06.2024.

4. The allegation against the petitioner is to commit the murder of brother of the informant alongwith other coaccused persons, where occurrence is alleged to be arising out

Patna High Court CR. MISC. No. 79315 of 2024(3) dt.29-01-2025 2/3 of previous enmity/occurrence which alleged to took place in February 2024.

5. Learned Counsel appearing on behalf of the petitioner submitted that merely on the basis of allegation as petitioner alongwith other co-accused persons out of previous acquaintance called the brother of the informant from his house on 24.06.2024, the petitioner was implicated with present case. It is submitted that nothing surfaced incriminating against this petitioner during course of investigation on the basis of aforesaid suspicion. It is also pointed out that even allegation of last seen and also to calling deceased from his home is not appears specific against this petitioner as same is also available against other co-accused persons. While concluding the argument, it is submitted that the petitioner found involved in one more criminal case of petty nature i.e. for the offence under Sections 324 and 324 of the IPC, where he is on bail and moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Patna High Court CR. MISC. No. 79315 of 2024(3) dt.29-01-2025 3/3

6. Learned APP opposes the prayer of bail.

7. Considering the facts and circumstances and by taking note of fact as save and except suspicion arising out of last seen alongwith other co-accused persons, prima facie nothing survives against this petitioner as to connect him with present occurrence of murder, coupled with the fact that investigation of this case is already completed, where petitioner is in custody since 27.06.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Maharajganj P.S. Case No. 280 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II, Siwan/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. /Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T